Arizona 15-Day Rule

15 Day Rule

DUI Attorneys in Phoenix and Scottsdale

The state of Arizona, like many other states, views driving while intoxicated as a very serious matter. Each year, thousands of people are injured and killed by drunk drivers who should not have been on the roads. One way that Arizona tries to combat drunk driving is by immediately suspending the driving privileges of anyone who is in violation of the DUI laws in the state. If you have been charged with a DUI, our firm is here to help. Contact Weintraub & Weintraub today to discuss your situation.

Admin Per Se Suspension (Arizona Revised Statute 28-1385)

The Arizona Department of Transportation shall suspend your driving privileges for 90 days (30 days consecutive and 60 days restricted*), if the evidence supports a finding that a law enforcement officer had reasonable grounds to believe that you had violated Arizona DUI laws, you were placed under arrest, a test indicated an alcohol concentration of .08 or more (.04 or more in a commercial vehicle) at the time the test was administered, the testing method was valid and reliable and the results were accurately evaluated.

If the results of your breath tests were .08 percent alcohol concentration or more or you submitted to a blood test, you only have 15 days to request a hearing in order to challenge the administrative suspension of your driving privileges.

* Restricted driving privileges may be issued after completion of an alcohol screening evaluation completed by a State certified provider. 

Implied Consent Suspension (Arizona Revised Statute 28-1321)

The Arizona Department of Transportation shall suspend your driving privileges for 12 months (3 months consecutive and 9 months restricted*), if the evidence supports a finding that a law enforcement officer had reasonable grounds to believe that you had violated Arizona DUI laws, you were placed under arrest, you refused or failed to successfully complete a designated test for alcohol concentration or drug content and you were informed of the consequences of that refusal or failure.

If you refused to submit to a breath, blood or urine test after being arrested for a DUI in Arizona, or if you tried to submit to the test but the arresting officer said you refused, you only have 15 days to request a hearing in order to challenge the implied consent suspension of your driving privileges.

* Restricted driving privileges may be issued after completion of an alcohol screening evaluation completed by a State certified provider, installation of a certified ignition interlock device and obtaining SR 22 Insurance.

Contact a Phoenix DUI Attorney

Being convicted of a DUI comes with a number of different, yet serious, consequences depending on the nature of your crime. If you have been charged with a DUI, you may be facing the suspension of your driving privileges, jail time, hundreds or even thousands of dollars in fees, car impoundment, and more. For strong legal defense when you need it most, contact Weintraub & Weintraub.

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